Bleyenberg v. D&N Masonry, Inc. et al

Filing 71

ORDER granting in part and denying in part 66 Motion to Quash. Signed by Magistrate Judge Mark R. Abel on 5/22/13. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Jim Bleyenberg,

:
Plaintiff

D&N Masonry, Inc., et al.,
Defendants

Civil Action 2:12-cv-00777

:

v.

:

Judge Smith

:

Magistrate Judge Abel

:

ORDER
A telephone discovery dispute conference was held May 21 during which
defendants’ May 20, 2013 motion to quash deposition subpoena (doc. 66)was GRANTED,
in part, and DENIED, in part, as follows.
Plaintiff is willing to forgo the deposition if defendants are not going to offer any
testimony at the May 21 hearing on defendants’ objections to my May 3, 2013 Report and
Recommendation (doc. 56). Defendants’ counsel expects either Don or Nick DeBello to be
present at the hearing. It is ORDERED that plaintiff’s counsel may take the deposition of all
potential witnesses defendants might chose to call during the hearing. Those depositions
will begin promptly at 11:30 a.m. in the courtroom assigned for the hearing. When the
deposition(s) is/are complete, the hearing on the objections will begin.

s/Mark R. Abel
United States Magistrate Judge